[HISTORY: Adopted by the Borough Council of the Borough of
Bath 2-2-1998 by Ord. No. 1998-515 (Ch. 171 of the 2005 Code of Ordinances). Amendments noted
where applicable.]
A.
No person, firm or corporation, owning or occupying any property
within the Borough shall permit any grass or weeds or any vegetation
whatsoever, not edible or planted for some useful or ornamental purpose,
to grow or remain upon such premises so as to exceed a height of 10
inches; nor shall any noxious weeds prohibited by the Noxious Weed
Control Act[1] or by regulations of the Department of Agriculture be
permitted to grow within the Borough, including:
(1)
Marijuana.
(2)
Chicory, succory or blue daisy.
(3)
Canadian thistle.
(4)
Multiflora rose.
(5)
Johnson grass.
[1]
Editor's Note: See now 3 Pa.C.S.A. § 1501 et seq.,
Controlled Plants and Noxious Weeds.
B.
Any grass, weeds or other vegetation growing upon any premises in
the Borough in violation of any of the provisions of this chapter
is hereby declared to be a nuisance and detrimental to the health,
safety, cleanliness and comfort of the inhabitants of the Borough.
C.
Grass clippings on sidewalks and streets is hereby declared a nuisance.
No grass clippings shall be permitted to rest on sidewalks or streets
or to be discharged into the streets at any time in any place in the
Borough.
[Added 10-7-2019 by Ord.
No. 2019-687]
D.
Grass,
weeds, dirt, debris, brush, and impediments shall be removed from
sidewalks. It shall be the duty of the owner, or tenant in possession
of lands abutting or bordering upon the streets of the Borough, to
keep the sidewalks in front of their premises free from all grass,
weeds, brush, dirt, debris, or other impediments, whether partially
or totally encroaching, covering, overhanging, or otherwise obstructing
travel or causing a tripping hazard thereover. Where curblines abutting
a street exist, grass, weeds, and brush shall not remain any higher
than the top of curb.[2]
[Added 12-6-2021 by Ord. No. 2021-717; amended 9-5-2023 by Ord. No. 2023-731]
[2]
Editor's Note: Former Subsection E, regarding grass, weeds,
and brush removed from gutters, as added 12-6-2021 by Ord. No. 2021-717, which immediately followed this subsection, was repealed 9-5-2023 by Ord. No. 2023-731.
The owner of any premises, and the occupant of premises occupied
by other than the owner, shall be jointly and severally responsible
to remove, trim or cut all grass, weeds or other vegetation growing
or remaining upon such premises in violation of the provisions of
the preceding section.
The Borough Manager, or any officer or employee of the Borough designated thereby for this purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 651-2 hereof, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this article, within five days after issuance of such notice. Whenever, in the judgment of the Borough Manager, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Borough Manager, or any officer or employee of the Borough designated thereby for that purpose, may give notice by posting conspicuously on the property where such nuisance exists, a notice or order directing and requiring that such nuisance be abated within five days. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough Manager may order the removal, trimming of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof shall be collected by the Borough from such person, firm or corporation, in the manner provided by law.
A.
Any person, firm or corporation who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine not more than $600, and in default of payment, to undergo imprisonment
for a term not to exceed 30 days.
B.
Each day that a violation of this chapter continues after notice
shall constitute a separate offense. Liabilities imposed pursuant
to this article shall be joint and several as among multiple owners,
occupants and tenants.
C.
In addition,
court costs and reasonable attorney fees incurred by the Borough in
enforcement proceedings shall be assessed against violator and awarded
to the Borough.
[Added 11-5-2018 by Ord.
No. 2018-678]
